Hooksett v. Amoskeag Manufacturing Co.
Supreme Court of New Hampshire
This was an action on the case to recover damages for the loss of the plaintiffs’ bridge, which it was alleged the defendants had carried away by erecting a stone dam across the Merrimack river at Manchester, and putting upon it and maintaining there certain dashboards, and thereby raising the water in said river so as to throw it back around the piers and abutments of the bridge, and to so pond the water there about the said piers and abutments as to cause the ice to freeze…
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This was an action on the case to recover damages for the loss of the plaintiffs’ bridge, which it was alleged the defendants had carried away by erecting a stone dam across the Merrimack river at Manchester, and putting upon it and maintaining there certain dashboards, and thereby raising the water in said river so as to throw it back around the piers and abutments of the bridge, and to so pond the water there about the said piers and abutments as to cause the ice to freeze thicker and more extensively about them than it had before done, so that the bridge in consequence was carried away.…
1Opinion of the CourtBartlett, J.
When a highway is laid out in a town over the land of any individual, he in general remains the owner of the fee in the land subject to the highway. By the laying out there is taken from him “ a right of way for the public,” that is, a right for any individual of the public to pass, and also a right to put and keep the land over which the highway is laid in suitable condition for the public travel. This latter right is vested in the town by the law, which imposes upon it the duty of making and maintaining the highway, and consequently, by implication, gives to it every thing necessary to the…
2Cases cited2 opinions
- Peck v. SmithSupreme Court of Connecticut · 1814
- Crittenden v. WilsonNew York Supreme Court · 1825
3Cited by6 opinions
- Reid v. Spadone MacHine Co.Supreme Court of New Hampshire · 1979
- Moulton v. Groveton Papers Co.Supreme Court of New Hampshire · 1974
- Gilman v. LaconiaSupreme Court of New Hampshire · 1875
- McIntire v. PlaistedSupreme Court of New Hampshire · 1876
- Laconia v. GilmanSupreme Court of New Hampshire · 1875
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